Nokleby v. Docken
| Decision Date | 27 October 1916 |
| Docket Number | 19,900 - (36) |
| Citation | 159 N.W. 757,134 Minn. 318 |
| Parties | OLE NOKLEBY v. ANTON O. DOCKEN |
| Court | Minnesota Supreme Court |
Action in the district court for Chippewa county to recover $100. The case was tried before Daly, J., who directed a verdict for the amount demanded. From an order denying his motion for a new trial, defendant appealed. Affirmed.
Broker -- action for commission -- evidence.
1. Evidence considered and held to show conclusively that plaintiff earned the commission that defendant agreed to pay him for selling land.
Admission of evidence.
2. There was no error in the rulings on the admission of evidence.
C. D Bensel, for appellant.
J. O Haugland, for respondent.
The complaint alleged that defendant employed plaintiff to find a buyer for a quarter section of land owned by defendant, and agreed to pay plaintiff $100 for his services, that plaintiff found a person who entered into a contract with defendant for the purchase of the land, but that defendant refused to pay the commission. The answer admitted that defendant employed plaintiff to sell the land, but alleged that the employment was upon the condition that defendant should receive from the purchaser a first payment of at least $2,000, and that the sale should be in all particulars satisfactory to defendant and his wife. It alleged that plaintiff did not sell the land or find a purchaser who was ready, able and willing to make a first payment of $2,000, or to purchase upon terms and conditions that were satisfactory to defendant and his wife. The reply was a general denial. The issues thus framed were tried to a jury. At the close of the evidence the court directed a verdict for plaintiff. Defendant appeals from an order denying his motion for a new trial.
Defendant complains of the action of the trial court in directing a verdict, and of certain rulings on the admission of evidence.
Plaintiff's employment to sell the land for defendant is admitted by the answer. The contract was in writing, signed by defendant, and reads as follows: "Agreement between Ole Nokleby and Anton Docken are following: For 1/4 section of land at $37.50 per acre if sale can be closed then Docken is to pay $100 in commission to Nokleby."
It is admitted that plaintiff procured a purchaser and that defendant and this purchaser entered into a written contract by the terms of which defendant agreed to convey the land to the purchaser for the sum of $6,000, which the latter agreed to pay in annual instalments of $100 each, with interest. This contract was executed and acknowledged by defendant and the purchaser. Neither in the body of the contract nor in the acknowledgment is there any mention of the...
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